(Summit 7th ordinary meeting of the People's Government of San Suu Kyi on 14 June 2013 to consider the adoption of Decree No. 262 of 2 July 2013 by the People's Government Order No. 262 of 2 July 2013, effective 1 September 2013)

Chapter I General

Article 1, in order to regulate government procurement, improve the quality and efficiency of government procurement, protect the legitimate rights and interests of government procurement parties, promote integrity and develop this approach in line with the laws, regulations, such as the People's Republic of China Government Procurement Act.

Article 2, Government procurement within the administrative region of this province, applies this approach.

The Government's procurement construction works are carried out in accordance with the laws, regulations and regulations governing tenders, the laws, regulations and regulations relating to tenders or the Government's procurement works are not subject to tenders under the law, regulations and this approach.

Article 3 Government procurement should be guided by the principles of openness, equity, justice and good credit, and the regulatory system that oversees the separation of management from implementation.

Article IV Government procurement should contribute to the achievement of economic and social development policy objectives and implement policy measures such as energy efficiency, environmental protection and SME development.

Government procurement should procure national goods, construction and services. The procurement of imported goods, construction and services should be in accordance with the conditions laid down in the Government's procurement laws, regulations and regulations and be subject to approval by the financial sector.

Article 5 The sectors such as inspection, audit and etc. perform oversight management duties related to government procurement activities in accordance with the law.

The Government's procurement information should be made available to society in a timely manner in the government procurement information media designated by the Ministry of Finance, with the exception of national secrets and commercial secrets.

The Government's financial sector should strengthen the Government's procurement informationization, develop harmonized development planning and organize a unified standard e-government procurement oversight management and trading platform.

Chapter II Government procurement budget and plan

Article 7. The procurementr shall, in the preparation of the annual sectoral budget, report the Government's procurement budget in accordance with the criteria for pooling the catalogue of procurement and the procurement threshold. The budget for additional or adjusted sectoral expenditure within the year falls under Government procurement projects and should be supplemented or adjusted to the Government's procurement budget.

The above-mentioned provision includes a centralized procurement catalogue and a procurement threshold standard, which is part of the provincial budget, which is determined and published by the Ministry of Finance, which is part of the provincial budget, and is determined and published by the commune government in the area.

Article 8. The procurementr shall prepare a government procurement plan within two months after the Government's procurement budget has been approved by the financial sector. The same Government procurement project for the same purpose in the procurement budget should produce a government procurement plan.

The Government's procurement plan should clarify the contents of the procurement, the form of the organization, the procurement method and the amount of the procurement.

Article 9. The procurementr shall be authorized by the financial sector prior to the presentation of the procurement plan by law of goods and services subject to public solicitation.

The use of solicitation, competitive negotiations, single-source procurement, solicitation and other procurement methods under the law, legislation and regulations should be consistent with the Government's procurement laws, regulations.

The use of a single-source procurement method and which is only procured from the sole vendor should be made public in the government procurement information media designated by the Ministry of Finance.

The Government's procurement budget should be executed and signed by the end of November; it is an additional budget that should be implemented and signed a Government procurement contract within three months of the supplementary budget; and that no implementation has been completed, written information should be sent to the same Government's financial sector.

The Government's procurement budget was not implemented for special reasons and was recovered by the financial sector.

Article 11 Government procurement must be implemented in accordance with approved budgets and plans. Without the Government's procurement budget and planned projects, the procurementr shall not organize implementation and shall not pay the procurement funds.

Chapter III Government procurement organizations

Article 12. The procurementr, the procurement agent, should be carried out in accordance with the approved procurement method. The procurement agent includes centralized procurement institutions and social agents.

A centralized procurement agency should establish a robust internal management system and a procurement price monitoring system that regulates procurement practices, improves the quality and efficiency of procurement, achieves procurement prices below market average prices and does not entrust procurement projects to other organizations or individuals.

Social agents should be eligible in accordance with national provisions to conduct procurement operations in accordance with the law.

Article 13. The procurementr shall, in accordance with the Government's procurement supervision regulation, entrust the Government's procurement project with the procurement agent and enter into the commissioning agreement.

The procurementr shall select the procurement agent in accordance with the principle of openness and shall not entrust the procurement agent incompatible with the requirements.

Article 14. The procurementr, the procurement agent, shall make an argument based on the characteristics and needs of the procurement project, prepare procurement documents in an accurate and complete manner and issue a notice of procurement in accordance with the relevant provisions of the State and the province.

The procurement documents should fully disclose procurement information, specifying substantive requirements, conditions and methods of evaluation, specifying whether the procurement of imported products is permitted and, in accordance with the provisions of the implementation of government procurement policy measures, the requirement for and criteria for mandatory procurement.

An insurance is needed and should be set out in the procurement document. The supplier may use the form of a bank statement and a security letter from the specialized agencies. In the form of a security letter, the procurementr and the procurement agent shall not be denied.

The technical indicators contained in the procurement documents should be consistent with the standard requirements established by States and provinces and should not include the following limitations and the exclusion of potential suppliers:

(i) The qualifications, technology, commercial conditions established are not consistent with the specific characteristics and actual requirements of the procurement project or are not relevant to the performance of the contract;

(ii) Limit or designate specific patents, trademarks, brands, origins or suppliers;

(iii) The performance, awards as a rating factor or the condition for intermediate (transmission) in specific administrative areas or in particular industries;

(iv) Provide vendor-specific information on the same procurement project;

(v) Other elements that are subject to unreasonable limitations and exclude potential suppliers.

Article 16 suppliers shall prepare tender (responding) documents in accordance with procurement documents. The solicitation (responding) documents should provide substantive responses to the procurement documents.

The supplier shall send the solicitation (responding) document to the designated location before the deadline specified in the procurement document. The procurementr, the procurement agent, upon receipt of the solicitation (responding) documents, should be retained.

The opening of tenders (substantials) shall be held in public at the time and place determined in the procurement document, with the participation of the procurementr, suppliers and interested parties.

At the time of the opening of tenders (statements), the suppliers or their elected representatives examined the seals of tenders (respondents) documents or were inspected and made public by the public certificate agency entrusted by the procurement agents; and, if confirmed, staff members were removed by the staff member, reading the vendor name, price and other key elements of the solicitation (responding) documents.

Article 18 (Responsibility) documents are one of the following cases and should be processed in accordance with the non-violent tender (responsibility):

(i) Submitted after the deadline specified;

(ii) No seals, signatures and subsidiaries as required by the procurement documents;

(iii) No provision of a guarantee;

(iv) There is no requirement for qualifications set out in the procurement documents;

(v) Provide import products without the approval of the financial sector;

(vi) More than the procurement budget;

(vii) No full response to the substantive requirements set out in the procurement documents;

(viii) Other circumstances that are not in accordance with the provisions of the law, legislation and regulations.

Article 19 The procurement agent shall form a board of evaluation, or a negotiating group, a single-source procurement team, the solicitation team (hereinafter referred to as the evaluation committee). The evaluation committee consists of representatives of the procurement and evaluation experts. A representative of the procurement person shall be granted a written authorization by a representative of a corporate entity and shall not serve as the principal head of the evaluation committee.

The members of the evaluation committee have a stake in the vendor and must be avoided. The supplier considers that the members of the evaluation board should apply for the avoidance of the Committee's relationship with other suppliers and their own interests.

The evaluation expert is drawn by the procurement agent from the provincial government procurement evaluation expert pool. The number of experts drawn is not able to meet the evaluation requirements, which can be complemented by the approval of the same level of government finance. The drawing and use of evaluation experts should be strictly confidential.

Article 20 The members of the Evaluation Committee shall be independently evaluated by law and shall be subject to the disciplinary aspects of the evaluation. There is a controversy about matters requiring mutual determination, and evaluation findings should be based on the principle of a few deferences.

The evaluation should be conducted in strict confidentiality. The evaluation sites should have improved audio-visual equipment. The procurementr, the procurement agent, should conduct a full-scale video recording of the evaluation activities and maintain at least two years.

The members of the evaluation committee and those associated with the evaluation should be kept confidential in the case of evaluation and in the course of the evaluation.

Article 21, in procurement activities, is one of the following cases where the procurementr, the procurement agent, the procurement agency shall be subject to or terminate the procurement activity and inform all suppliers in writing of the reasons:

(i) Less than three suppliers participating in tenders after the deadline for the conclusion of tenders, with less than 3 suppliers meeting the terms of the solicitation documents or less than 3 suppliers that responded substantively to the solicitation documents;

(ii) The occurrence of unlawful violations affecting the procurement of justice;

(iii) The vendor's bid exceeds the procurement budget;

(iv) As a result of significant changes, the procurement mandate was cancelled.

In addition to the provisions of paragraph 4 above, the procurementr and the procurement agent should reorganize the procurement.

Article 22 provides for the procurement of goods, services by means of public solicitation, in accordance with article 21, paragraph 1, paragraph 1, paragraph 1 (a), of this approach, after the expiry of the tender, the procurement agent may reorganize the solicitation or, in writing, with the consent of the supplier and approval of the financial sector, the procurement method is changed according to the following provisions:

(i) Only 2 suppliers may be converted to competitive negotiations by procurementrs, procurement agents, to organize procurement in accordance with competitive negotiation processes; only one supplier submitting responses or responding substantively to negotiating documents should terminate negotiations and reorganize procurement;

(ii) Only one supplier may be replaced with a single-source procurement method, after the financial sector makes no objection. The final price after a change in the procurement method shall not be higher than the lowest bid price of the supplier.

Article 23 procures in a competitive negotiation manner, with only two suppliers submitting responses or responding substantively to the negotiating documents, the procurementr, the procurement agent, after written consent of the supplier and approval by the financial sector, may continue the procurement of competitive negotiations; only one should terminate negotiations and reorganize procurement.

Article 24

(i) Goods, services projects are procured by means of tendering, with a view to determining the lowest tender price or the integrated evaluation method;

(ii) A competitive negotiation approach to procurement, which is negotiated by all members of the Evaluation Committee collectively with suppliers, is determined by the principle that quality and services meet the requirements of procurement documents and the lowest price;

(iii) A comparison of the one-time offers made by the evaluation committee to meet the requirements of the procurement documents and to determine the principle of the lowest price.

Article 25 Upon the conclusion of the evaluation, the members of the Evaluation Committee shall submit the evaluation report, which is signed by all members, and the supplier recommended for subparagraph (a) of the subparagraph. The members of the evaluation committee with different views should sign different views and explain the reasons for the evaluation report; they do not sign different views as agreed. The procurement agent shall send the evaluation report to the procurementr within two working days. The procurementr shall, within three working days of the receipt of the evaluation report, determine the supplier(s) of the medium (transmission) in the order of the supplier recommended in the evaluation report. The procurementr may also authorize, in advance, the evaluation committee directly to identify the supplier(s) of the mark.

Following the determination by the supplier of the subparagraph (a) of article 26, the procurement agent shall issue a notice of the subparagraph (a) to the supplier of the mark (transmission) in accordance with the provisions of the procurement announcement.

The procurementr, the procurement agent, shall return the outstanding (contribution) supplier's bond within five working days after the notice of the subparagraph (a) of the medium.

Article 27, in procurement activities, may not have the following malicious collusion:

(i) The procurementr or the procurement agent disclose to the supplier the status of the members of the evaluation committee or the award of the supplier for the replacement, modification of tenders (responding);

(ii) Substantive content of the solicitation (responding) documents among suppliers;

(iii) A prior agreement between suppliers to be made by a supplier (transmission);

(iv) An agreement between suppliers to abandon tenders (substantials) or intermediate tenders (transmission);

(v) The supplier belongs to the same group, associations, chambers of commerce and, at the request of the organization, to make a concerted tender (statements);

(vi) Other malicious acts.

Chapter IV Government procurement contracts

The second eighty-eighth procurement contract shall be signed by the procurementr and the supplier of the intermediate (contribution) within 15 days from the date of the letter of assignment, in accordance with the procurement documents and the solicitation documents (responding). The procurementr shall, within seven working days from the date of the contract, submit a copy of the contract to the Government's financial sector.

The procurementr, the procurement agent, may not make any unreasonable request to the supplier (compared to) as a condition for the conclusion of the contract and shall not enter into an agreement with the supplier on the substantive content of the contract.

The procurementr, the procurement agent, shall return the bond of the supplier (compared) within five working days of the contract.

The sub-prime (commission) supplier does not justify the conclusion of a contract with the procurementr and guarantees that the pay is not returned, and that the procurementr, the procurement agent, pays the same-ranking bank; and that the procurementr's loss shall be liable under the law. The procurementr should reorganize the procurement.

The supplier (compared) should strictly perform the Government procurement contract. The supplier does not perform or cannot fully perform the contract and should be legally responsible.

The supplier does not perform the contract and the procurementr may reorganize the procurement or, after the approval of the same-level people's financial sector, enter into a contract with the first subparagraph (a) after the ranking (transfer) supplier.

In the course of the Government's procurement contract implementation, the procurementr will require the addition of the same goods, works and services as the contract mark, and, subject to additional government procurement budgets and other provisions of the contract, a supplementary contract may be concluded with the medium (competed) supplier, but all additional contracts are not subject to 10 per cent of the original contract's procurement.

The procurement agent or the procurement agency entrusted to it shall, within seven working days from the date of the supplier's completion of the contract obligations, receive the contract performance and participate in the evaluation's procurement representatives; large or complex government procurement projects, should engage the accredited quality inspection body in the country.

In accordance with the Government's procurement contract, the procurementr shall apply in a timely manner to the financial sector for payment or self-payment of procurement funds.

The Government's financial budget for the procurement of savings was recovered by the financial sector.

Chapter V Questions and complaints

The supplier considers that the procurement documents, the procurement process and the results of the sub-prime (transmission) cause damage to its rights and interests, may challenge in writing to the procurementr, the procurement agent, within seven working days of the date on which it is known or should be aware of the impairment of its rights. The question of procurement documents should be raised before the deadline for the submission of tenders (responsibility).

Article XV should be withdrawn by the procurementr or by the procurement agent after having received a written challenge from the supplier.

The procurementr or the procurement agent shall, within seven working days of the date of the contraction, deal with the matter under the law and respond to it, inform suppliers and other suppliers that have questioned in writing. The questioning was established and the procurement activities should be suspended and corrected.

Article 36 Suppliers may make written complaints to the financial sector of the same people within 15 working days after the end of the reply and specify specific matters and factual grounds.

The vendor may not make false complaints.

Article 37, after receipt of a complaint by the financial sector, shall be reviewed within five working days and processed in accordance with the following provisions:

(i) The complaint does not fall under the jurisdiction of this sector and is transferred to the competent department and informed the complaint suppliers in writing;

(ii) A complaint supplier, a complainant who is not a direct party to the Government's procurement activities, is not contested by all complaints or exceeds the period of effectiveness of the complaint, which is considered null and void and communicated in writing to the complainants inadmissibility;

(iii) A complaint material is incomplete or lack of factual basis, and a written notification to the vendor of the complaint is being completed and cannot be informed that the complaint supplier or the supplier of the complaint has not been completed for the reasoning of the delay, as a waiver of the complaint;

(iv) To be admissible in accordance with the conditions established.

A copy of the complaint shall be sent to the complainant and other suppliers concerned within three working days after the financial sector receives the complaint.

The complainant shall make a written statement to the financial sector within five working days from the date of receipt of a copy of the complaint and submit the relevant evidence, basis and other relevant material.

During the processing of complaints, the financial sector considered that the matter of the complaint might affect the results of the mark(s) that could be communicated in writing to the procurementr and the procurement agent for the suspension of procurement activities, but that the time limit should not exceed 30 days.

Article 40. The financial sector should take a written review of complaints. Where necessary, the evidence or the organization of the evidence may be investigated.

When the financial sector conducts investigations under the law, the complainant, and the relevant units, individuals shall cooperate and, if any, provide the relevant material.

Article 40. The financial sector shall, within 30 working days of the date of the receipt of the complaint, decide on the matter of the complaint, notify in writing the complainant, the complainant and other government procurement parties that are in the interest of the outcome of the complaint.

During the processing of complaints by the financial sector, testing, identification of related matters will be required and the time required is not to be taken into account for the duration of the complaint.

Chapter VI Oversight inspection

Article 42, the financial sector should strengthen the oversight management of government procurement parties, evaluation experts, procurement activities and contract conclusion and implementation, and establish a mechanism for monitoring inspections and correcting violations in the procurement process in a timely manner.

The financial sector should organize periodic evaluation of the procurement agent and, if so, be published.

Article 433 The financial sector shall conduct a monitoring inspection by law of the following acts of the procurement person:

(i) Government procurement policy implementation;

(ii) Government procurement budgets and preparation and implementation of plans;

(iii) Government procurement contracts, implementation, inspection and disbursement of funds;

(iv) Approval of the implementation of the pending matters;

(v) Treatment of suppliers' questions;

(vi) Other matters under the law, legislation and regulations.

Article 44 quantify the financial sector by law the following acts of the procurement agent:

(i) Government procurement policy implementation;

(ii) The terms of reference and operation of government procurement;

(iii) Implementation of organizations such as the publication of procurement information and the preparation of procurement documents by the Government;

(iv) Assessment of the drawing and use of experts;

(v) The difference between actual procurement prices and average market prices for the same period;

(vi) Treatment of suppliers' questions;

(vii) Implementation of the internal system-building and monitoring mechanisms;

(viii) Other matters under the law, legislation and regulations.

Article 48 should strengthen monitoring of the participation of evaluation experts in evaluation activities, compliance with evaluation disciplines, and punish violations by law.

The procurementr, the procurement agent, should record the participation of evaluation experts in government procurement activities and report to the financial sector in a timely manner.

Article 46 Audits, inspection bodies should conduct audits and inspections of government procurement activities in accordance with the law. Other relevant departments should strengthen oversight management of government procurement activities, in line with the division of duties, and inform them in a timely manner.

Article 47 provides that any unit and person shall be entitled to report on violations committed by the Government in the procurement activities and that the relevant authorities shall be treated in a timely manner.

Chapter VII Legal responsibility

Article 48, in violation of this approach, provides that the procurementr has one of the following conditions, a period of time being reordered by the financial sector, a warning given to the dismissal of the authority or the inspectorate to the competent and other direct responsible persons directly responsible, by virtue of the law, and is informed by the law; constitutes an offence and criminal responsibility is held by law:

(i) No Government procurement budget and planned unauthorized procurement;

(ii) The procurement of imported products without approval;

(iii) Infraction or non-referred refund of the bond as prescribed;

(iv) Incidence in procurement activities;

(v) The procurement document has limitations and excludes the content of potential suppliers;

(vi) The determination of the supplier(s) of the mark(s);

(vii) To refuse to cooperate with the financial sector in dealing with complaints and reporting matters.

Article 49, in violation of this approach, provides that social agents have one of the following cases: a period of up to three years of government procurement operations within the current administrative region; a serious circumstance, a change in their operational representation; a penalty in accordance with the provisions of the law, legislation and regulations; a fine not provided for by more than 3,000 yen; a moratorium on their legal representation in the procurement operation of the Government within the current administrative area; a serious circumstance, deprivation of its operational representation; and a legal accountability:

(i) Unprotected procurement methods and procedures;

(ii) Infraction or failure to refund the amount of the bond as prescribed;

(iii) The procurement document has limitations and excludes the content of potential suppliers;

(iv) The issuance of government procurement information as required;

(v) Violations of the drawing and use of evaluation experts;

(vi) Incidence in procurement activities;

(vii) To refuse to cooperate with the financial sector in dealing with complaints, reporting matters or refusal of the Government to procure inspection;

(viii) Other violations of the provisions of the law, regulations.

The central procurement body has the circumstances indicated in the previous paragraph, which is being corrected by the financial sector, alerted and disposed of by an outgoing authority or supervisory body with respect to the competent and other direct responsible personnel directly responsible; constitutes a crime and is criminally criminalized by law.

In violation of this approach, the vendor has one of the following acts, punishable by the financial sector in accordance with the provisions of the law, legislation, regulations and regulations; fines of more than 30,000 dollars at the legal, legislative, regulatory or regulatory levels to include a list of malfunctional records, prohibiting its participation in government procurement activities within 1 to 3 years; and criminal liability under the law:

(i) Incidence in procurement activities;

(ii) There is no reason to conclude contracts with the procurementr;

(iii) Constraints for false complaints;

(iv) To refuse to cooperate with the financial sector in dealing with complaints and reporting matters;

(v) Other violations of the provisions of the law, regulations.

Article 50 bis. The members of the Evaluation Committee, in violation of the disciplinary or other violations of the evaluation process, are warned by the financial sector; in serious circumstances, the removal of their expert qualifications and the fine of up to 20,000 dollars in the year 2000; are members of the State's staff to be disposed of by an organ of immunity or by the inspectorate in accordance with the law; constitutes an offence and are held criminally by law.

Article 52 deals with violations listed in articles 48 to 50 of this approach, affecting the outcome of the mark(s) or may affect the outcome of the mark(s) and is dealt with by the financial sector in accordance with the following provisions:

(i) The absence of the identification of the supplier(s) to terminate the procurement activity and to reorganize procurement;

(ii) The supplier in the subparagraph (a) has been identified but has not signed the procurement contract, with the result that the result of the medium (competing) has not been validated and reorganizing the procurement;

(iii) The procurement contract has been signed but has not been fulfilled, the withdrawal of the contract, the determination of the subparagraph (a) suppliers from a qualified medium, a successful candidate; and the re-organization of procurement cannot be determined;

(iv) The procurement contract has been carried out, resulting in losses to the procurement party and the liability of the responsible person concerned.

Article 53, the financial sector and other relevant departments and their staff, are lawfully disposed of in the exercise of government procurement supervision, abuse of authority, provocative fraud, which constitutes criminal liability by law.

Chapter VIII

Article 54 Government procurement at the commune level is regulated by local government procurement.

Article 55

(i) The Government's procurement party refers to a variety of subjects that have legal rights and obligations in government procurement activities, including procurementrs, suppliers and procurement agents.

(ii) The procurementr refers to State organs, business units and groups operating under the law.

Article 56 of this approach is implemented effective 1 September 2013.